Cureg v.

IAC Facts: On 5 November 1982, Domingo Apostol, Soledad Gerardo, Rosa Gerardo, Nieves Gerardo, Flordeliza Gerardo and Lilia Maquinad filed a complaint for quieting of title and damages with preliminary injunction against Leonida, Romeo, Pepito, Hernando, Manuel, Antonio and Elpidio Carniyan with the RTC Isabela (Civil Case Br. 111-373). A temporary restraining order was issued by the trial court on 12 November 1982. The complaint alleged that the Gerardos and Maquinad are the legal and/or the forced heirs of the late Domingo Gerardo, who died in February 1944, the latter being the only issue of the late Francisco Gerardo, who died before the outbreak of WWII; that since time immemorial and/or before 26 July 1894, the late Francisco Gerardo, together with his predecessors-in-interest have been in actual, open, peaceful and continuous possession, under a bona fide claim of ownership and adverse to all other claimants, of a parcel of land, situated in Casibarag-Cajel, Cabagan, Isabela, containing an area of 2.5 hectares [N: Cagayan River; E: Domingo Guingab (formerly Rosa Cureg); S: Antonio Carniyan; and W: Sabina Mola]. Said land was declared for taxation purposes under TD 08-3023 in the name of Francisco Gerardo, which cancelled TD C-9669, in the name of Francisco; that upon the death of Francisco Gerardo, the ownership and possession of the land was succeeded by his only issue, Domingo Gerardo who, together with 3 legal or forced heirs, namely Soledad Gerardo, Primo Gerardo(+) and Salud Gerardo(+) have also been in actual, open, peaceful and continuous possession of the same. Primo Gerardo was survived by Rosa, Nieves and Flordeliza Gerardo; while Salud Gerardo was survived by Lilia Maquinad. In 1979, Soledad, Rosa, Nieves, and Flordeliza Gerardo along with Lilia Maquinad verbally sold the land to Domingo Apostol. On 10 September 1982, the verbal sale and conveyance was reduced into writing by the vendors who executed an "Extra-Judicial Partition with Voluntary Reconveyance. About the time of the execution of the Extra-Judicial Partition, the land already manifested signs of accretion of about 3 hectares on the north caused by the northward movement of the Cagayan River; that Domingo Apostol declared the land and its accretion for tax purposes under TD 08-13281 on 15 September 1982. Sometime about the last week of September and or the first week of October 1982, when the Gerardos, Maquinad and

Apostol were about to cultivate their land together with its accretion, they were prevented and threatened by the Carniyans (Leonida Cureg and Romeo, Pepito, Hernando, Manuel, Antonio and Elpidio: surviving spouse and children of Antonio Carniyan) from continuing to do so. The late Antonio Carniyan was the owner of a piece of land (acquired from his father-in-law Marcos Cureg on 5 October 1956 as evidenced by an Absolute Deed of Sale) situated in Casibarag-Cajel, Cabagan, Isabela which contained an area of 2,790 sq. m.(N: Domingo Gerardo; E: Domingo Guingab; S: Pelagio Camayo; and W: Marcos Cureg), and which was declared for taxation purposes under TD 13131, with an assessed value of P70.00. Carniyan revised on 28 November 1968 his TD 13131 dated 24 July 1961 to conform with the correct area and boundaries of his OCT P-19093 issued on 25 November 1968 pursuant to Free Patent 399431 dated 21 May 1968; that the area under the new TD 15663 was increased from 2,790 sq.ms. to 4,584 sq.ms. and the boundary on the north became Cagayan River, purposely eliminating completely the original boundary on the north which is Domingo Gerardo. The heirs of Antonio Carniyan (Cureg, et.al.) alleged in their answer that the land claimed by the Gerardos and Apostol is non-existent; that Antonio Carniyan was the owner of a piece of land bounded on the north by Cagayan River and not by the land of Francisco Gerardo; that the "subject land" is an accretion to their registered land and that they have been in possession and cultivation of the "accretion" for many years. The application for the issuance of a writ of preliminary injunction was denied on 28 July 1983 on the ground that the Carniyans (Cureg) were in actual possession of the land in litigation prior to September 1982. In a decision rendered on 6 July 1984, the trial court rendered judgment declaring Domingo Apostol the absolute owner of the parcel of land containing an area of 5.5000 hectares (N: Cagayan River; E: Domingo Guingab; S: Antonio Carniyan; and W: by Sabina Mola) and with an assessed value of P3,520; ordering the issuance of a writ of preliminary injunction against Cureg, et.al.; ordering that the writ be made permanent; and ordering Cureg, et.al. to pay Apostol, et.al. a reasonable attorney's fee of P5,000.00, litigation expenses of P1,500.00 and costs. On 17 July 1984, Cureg appealed to the then IAC Court which affirmed the decision of the trial court on 15 October 1985 (CA-GR CV 03852). Cureg's Motion for Reconsideration was denied on 8 January 1986. Hence, the petition for review under Rule 45 of the Rule of Court.

The Supreme Court granted the petition, reversed and set aside the decision appealed from, and rendered judgment dismissing Civil Case Br. III-373 for quieting of title and damages; with costs against Apostol, et.al. 1. Tax Declaration not sufficient evidence to prove ownership; OCT indicates true and legal ownership Gerardos' and Maquinads (therefore Apostols) claim of ownership of their alleged 2 & 1/2 hectare land is anchored mainly on 4 tax declarations. The declaration of ownership for purposes of assessment on the payment of the tax is not sufficient evidence to prove ownership. (Evangelista v. Tabayuyong, 7 Phil. 607; Elumbaring v. Elumbaring, 12 Phil. 384; cited in Camo v. Riosa Bayco, 29 Phil. 437, 444). On the other hand, Cureg et.al. relied on the indefeasibility and incontrovertibility of their OCT P-19093. In the case of Ferrer-Lopez v. Court of Appeals (GR 50420, 29 May 1987, 150 SCRA 393, 401-402), it was ruled that as against an array of proofs consisting of tax declarations and/or tax receipts which are not conclusive evidence of ownership nor proof of the area covered therein, an original certificate of title indicates true and legal ownership by the registered owners over the disputed premises. Cureg's OCT P-19093 should be accorded greater weight as against the tax declarations offered by Apostol, et.al. in support of their claim, which declarations are all in the name of the latters predecessor-in-interest, Francisco Gerardo, and appear to have been subscribed by him after the last war, when it was established during the trial that Francisco Gerardo died long before the outbreak of the last war. 2. Decree of registration bars all claims and rights arising or existing prior to decree A decree of registration bars all claims and rights which arose or may have existed prior to the decree of registration (Ferrer-Lopez v. CA, supra., p. 404). By the issuance of the decree, the land is bound and title thereto quieted, subject only to exceptions stated in Section 39, Act 496 (now Section 44 of PD 1529). Since Cureg's original certificate of title clearly stated that subject land is bounded on the north by the Cagayan River, Apostol's claim over the land allegedly existing between Cureg's land and the Cagayan River, is deemed barred and nullified with the issuance of the original certificate of title. 3. Tax Declaration of earlier date cannot defeat OCT of later date; Cureg not estopped as Tax Declarations subsequent to issuance of OCT states northern boundary is Cagayan river A tax declaration, being of an earlier date cannot defeat an original certificate of title which is of a later date. The appellate court erred in considering Tax Declaration 13131, in the name of Antonio Carniyan,

as an admission by him that his land is bounded on the north by the land of Domingo Gerardo and thus is estopped from claiming otherwise. The tax declarations of the late Antonio Carniyan subsequent to the issuance of OCT P-19093 already states that its northern boundary is Cagayan River. In effect, he has repudiated any previous acknowledgment by him, granting that he caused the accomplishment of the tax declarations in his name before the issuance of OCT P-19093, of the existence of Francisco Gerardo's land. 4. Cureg, et.al. in actual possession; Evidence Evidence on record proves that Cureg, et.al. are in actual possession of the land. First, the trial court in its Decision stated the reason for denying private respondents' petition for the issuance of a preliminary injunction, is that Cureg, et.al. were in actual possession of the land in litigation prior to September 1982. Second, witness for Apostol, et.al., Esteban Guingab, boundary owner on the east of the land in question and whose own land is bounded on the north of Cagayan River, on cross-examination, revealed that when his property was only more than 1 hectare in 1958, (now more than 4 hectares) his boundary on the west is the land of Antonio Carniyan. Third, witness Rogelio C. Albano, a geodetic engineer, on direct examination stated that in 1974, the late Antonio Carniyan requested him to survey the land covered by his title and the accretion attached to it, but he did not pursue the same because he learned from the Office of the Director of the Bureau of Lands that the same accretion is the subject of an application for homestead patent of one Democrata Aguila, contrary to the statement of the trial court and the appellate court that Albano "made three attempts to survey the land but he did not continue to survey because persons other than defendants were in possession of the land," which statement appears only to be a conclusion. Fourth, an order by the Director of Lands dated 14 August 1980 in connection with the Homestead Application of Democrata Aguila of an accretion situated in Catabayungan, Cabagan, Isabela, such application was disapproved because in an investigation conducted by the Bureau of Lands of the area applied for which is an accretion, the same was found to be occupied and cultivated by, among others, Antonio Carniyan, who claimed it as an accretion to his land. Apostol, et.al. nor their predecessors-in-interest appeared as one of those found occupying and cultivating said accretion. 5. Accretion belongs to riparian owners The land in question is an alluvial deposit left by the northward movement of the Cagayan River and pursuant to Article 457 of the New Civil Code, it is said that "to the owners of land adjoining the banks of river belong the accretion which they gradually receive from the effects of the current of the waters."

6. Accretion does not automatically become registered land The area covered by OCT P-19093 is only 4,584 sq. ms. The accretion attached to said land is approximately 5.5 hectares. The increase in the area of Cureg's land, being an accretion left by the change of course or the northward movement of the Cagayan River does not automatically become registered land just because the lot which receives such accretion is covered by a Torrens title. (See Grande v. Court of Appeals, L-17652, June 30, 1962). As such, it must also be placed under the operation of the Torrens System."